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2023 Supreme(Online)(AP) 11487

HIGH COURT OF ANDHRA PRADESH
B.S. BHANUMATHI, J
THE NELLORE PROGRESSIVE UNION – Appellant
Versus
THE TOWN HALL TRUST BOARD – Respondent


ORDER :

The Civil Revision Petition is filed under Article

227 of Constitution of India, challenging the order dated 04.01.2023 dismissing the petition in I.A.No.905 of 2022 in O.S.No.239 of 2016 on the file of the Court of Principal District Judge, Nellore, filed under Order XIV Rule 2 r/w Section 151 CPC to dispose of the suit on the following two Additional Issues :-

1. Whether the person who represented as Secretary and Trustee on behalf of the plaintiff’s Trust Board has got locus standi to file the suit ?

2. Whether this Court has got jurisdiction to entertain this suit, as preliminary issues ?

2. The respondent filed the suit against the petitioner for several reliefs in respect of the plaint schedule property. The defendant contended that the suit is not maintainable by the Trust being represented by the Secretary and filed I.A.No.905 of 2022. It is further more contended that there is no plaintiff’s Trust Board as such in existence, stating that there was no quorum of the executive members. Therefore, the petitioner/defendant contended that the additional issues need to be first adjudicated, so that there need not be trial of the entire suit.

3. The petition was opposed by the

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